Artzerounian v. Demetriades

Opinion by

Mr. Justice Schaffer,

Defendant appeals from a judgment entered against him for want of a sufficient affidavit of defense.

*305The suit arose from a contract in which defendant agreed, for a consideration of $21,000, to sell, and plaintiffs to buy, certain real estate, not then in the actual ownership of defendant, but which, under articles, he had contracted to purchase from a third person. The agreement between the parties litigant provided for the payment of one thousand dollars on its signing, which was to be forfeited to defendant as liquidated damages in case of default in…